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The current version of the MPEP is the 9th Edition, which was released in March 2014. The MPEP has traditionally been available in paper form, but electronic versions are now used more often, particularly because an applicant only may consult the electronic versions while taking the USPTO registration examination, or the patent bar examination ...
Traditionally the USPTO used for claims interpretation during patent examination a "broadest reasonable interpretation consistent with specification" standard, [33] while the US courts in suits for patent infringement, during a Markman hearing, a claim is interpreted using a narrower standard. This duality (broader during examination, narrower ...
An inter partes review is used to challenge the patentability of one or more claims in a U.S. patent only on a ground that could be raised under 35 U.S.C. §§ 102 or 103 (non-obviousness), and only on the basis of prior art consisting of patents or printed publications. [3]
This is a list of special types of claims that may be found in a patent or patent application.For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories".
Ireland appears to subscribe to a doctrine of equivalents. In Farbwerke Hoechst v Intercontinental Pharmaceuticals (Eire) Ltd (1968), a case involving a patent of a chemical process, the High Court found that the defendant had infringed the plaintiff's patent despite the fact that the defendant had substituted the starting material specified in the patent claim for another material.
Under European patent practice and case law, lack of unity (of invention) can appear either "a priori", before the prior art was examined, or "a posteriori", after the prior art was examined. An a posteriori lack of unity usually results from a lack of novelty or inventive step of the subject-matter of one independent claim .
In United States patent law, the reduction to practice is the step in the formation of an invention beyond the conception thereof. Reduction to practice may be either actual (the invention is actually carried out and is found to work for its intended purpose) or constructive (a patent application having a sufficient disclosure is filed).
They must also show they were diligent in either reducing the invention to practice or in filing a patent application. Documentary evidence must support all factual assertions in the swear back. A copy of a notebook page that describes the invention, signed by the inventor, dated, and preferably witnessed by a third party can serve as written ...